16.1 Background
or after its first occupation, whichever is earlier
16.1-1 Statutory provisions in respect of construction of complex ‘ ’or after its first occupation, whichever is earlier Explanation.
Residential Complex-
Single Residential Unit-
Occupancy certificate granted in is equal to completion certificatei.e. -
Bindu Ventures, In re
Bengaluru Mahanagara Palike
16.1-2 Meaning of ‘first occupation’
Bruhat
after issuance of completion certificate/ occupancy certificate by the competent authority or its first occupation whichever is earlier’,
‘after its first occupation’ vide or its first occupation whichever is earlier -
State Authorities register apartments even before obtaining completion certificate/occupancy certificate
Registration under Registration Act required only in case of immovable property - b `
Tax on land and buildings is State subject
Conclusion Purchaser of apartment is not liable to tax even if he sales before occupation or completion a b
16.1-3 Issue of partial completion certificate or occupancy certificatevide
16.1-4 Apartment partially completed as on 1-4-2019 vide
16.1-5 Cancellation of booking of apartment by customer
vide
16.1-6 Each project is separate project and promoter can treat them differently
vide
16.1-7 Liability of services of contractor or sub-contractor
vide v da
Infrastructure and Construction Ltd. In re
16.1-8 Redevelopment is subject to GST
Starworth
16.1-9 GST on Slum Rehabilitation Programmes
Purchaser of apartment is not liable to tax even if he sales before occupation or completion -
16.1-10 Tax is payable when advance is received
Uttar Pradesh Avas Evam Vikas Parishad
16.2 Definitions of various terms used
16.2-1 Affordable Residential Apartment
GST ON WORKS CONTRACT & REAL ESTATE TRANSACTIONS
AUTHOR : V.S. DATEY
PUBLISHER : Taxmann
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 10TH EDITION
ISBN NO : 9789364551236
NO. OF PAGES : 760
BINDING TYPE : Paperback
DESCRIPTION
This book offers authoritative, sector-specific commentary on applying GST to construction and real estate. It begins with core concepts (taxable event, place of supply, valuation) and progresses to advanced issues (joint development agreements, TDR, FSI, leasing). Practical examples illustrate each topic, ensuring foundational understanding and clarity on complex scenarios. Its structured approach separates general GST provisions from the specialised real estate aspects, bolstered by illustrations, step-by-step explanations, and appended statutory references.
This book is intended for the following audience:
• Chartered Accountants, Cost Accountants, & Tax Practitioners
• Builders, Contractors, & Real Estate Developers
• Government Authorities & Departmental Officers
• Students & Academicians
The Present Publication is the 10th Edition | 2025 and has been amended upto 1st February 2025. This book is authored by V.S. Datey with the following noteworthy features:
• [Complete GST Law Coverage] Comprehensive insights on taxable events, classification, valuation, ITC, time/place of supply, reverse charge, etc.
• [Real Estate & Construction Focus] Detailed examination of special provisions, notifications, and circulars affecting works contracts and real estate
• [Joint Development Agreements & TDR] Analysis of GST implications on development rights, FSI, lease premiums, and related aspects
• [Practical Insights & Examples] Illustrations and references to case laws and clarifications enhance understanding
• [Compliance Guidance] Practical tips, checklists, and procedural directions covering registrations, invoicing, returns, TDS, e-way bills, and anti-profiteering measures
• [User-friendly Layout] Simplified explanations supported by tables, flowcharts, and procedural outlines.
• [Updated Appendices & Notifications] Direct access to statutory references, notifications, clarifications, and forms
• [Latest Judicial & Departmental References] Incorporates current jurisprudence and clarifications to address common disputes
